What is the role of “acceptance” in a contract? Can a contract be executed without acceptance from parties? Why and how? What are the acts that constitute an acceptance?
Introduction:
A contract is formed by a meeting of the minds of at least two parties, a mutual assent resulting from the expression of an offer by one and an acceptance of precisely that offer by the other.
Acceptance is a person’s agreement to experience a situation, to follow a process or condition without attempting to change it, protest, or exit.
By the basic elements of a contract (offer, acceptance, and consideration), there are other requirements:
- Competence
- Consent
- Legality
A minor (usually, a person under 18 years of age) who makes a contract can withdraw his/her contract with one general exception. A minor contracting for “necessities” is bound to pay for their sound assessment. This “necessity” can be like food or shelter. Depending upon the law of the particular state it may also include cars or other items. A minor who rescinds a contract gets back whatever the other party expected from the minor.
Unsecured minded people are incompetent because of mental sickness or disability can withdraw their contracts but maintain high standard. As a rule a person who is useless must have made the contract without understanding that they were making a contract and without realizing the consequences of their action.
MODIFYING OR CHANGING CONTRACT
When negotiating a contract, or after a contract has been signed, you may have reason to want to modify, or change, the contract. In general, contract modifications require the agreement of all parties to the contract.
How to modify a contract before it’s been signed and after it’s been signed-
The regular adult encounters contracts many times in the course of his/ her life. In several instances these contracts may be so ordinary you may not even distinguish that you are a party to a contract.
For example, each time you charge something to a credit card and where you sign in is a contract. In other instances a contract may be much more formal, with significant negotiation and require a legal representative to review it before it is signed. An example of this type of contract would be the contract you sign when buying/selling a home.
Modifying a Contract before Signing It
A contract must be agreed to by all concerned parties to be legally binding. For example, imagine you want to buy a car and unfortunately you do not like the price that’s being offered by the dealer. Even if the dealer signs the sales contract and yet the contract is not valid until you accept it.
Before entering into a contract, you should carefully read it to ensure that you understand your obligations and the obligations of the other parties to the contract. If you don’t understand the contract and you are confused about the meaning of any sections of the contract you can have an attorney review the contract and explain it to you.
Frequently these contracts may be unfair to one party and commonly the party is responsible for writing the contract. If you did not write the contract, you should take steps to get rid of these biases. Make a list of modifications that you would like to see and then talk about it. After doing some negotiation, you may be able to change the contract so the terms, or the given requirements and conditions are more favorable to you.
Minor modifications to a contract can be handwritten onto the document. Visibly write the changes and sign your initials next to each change. Before signing the entire document also you have to sign. If they agree to the changes, the other party will also first changes and sign the paper
For major modifications to a contract is first negotiating those changes with the other party and ask the person who initially drafted the document to print a modified version of the contract. All parties should analysis the reprinted document to ensure that the correct changes were made before signing the newest version.
Modifying a Contract after Signing It
Once a contract has been signed, then it typically cannot be changed unless all parties to the contract agree to the modifications.
There are many reasons why you might want to modify a contract. Those would include:
- To extend a contract
- To change the duration of a contract
- To change the quantity items that fall under the scope of the contract
- To add additional items to the contract
- To change the payment terms of the contract
Some written contracts may predict how and when modifications can be made.
For example, if you have your own credit card and you signed a contract when applying for that card. The contract may have said that the credit card issuer could change the interest rate at its maturity. By doing so you’ have already known the credit card issuer the right to create future changes.
Or in case of selling, a sales contract with a retailer might state that all changes have to be agreed to. The agreement paper should be written by the parties that signed the initial contract. In that case, you cannot call the vendor and directly for price reduction or get his verbal approval and think he will be following throughout the new pricing.
If the contract does not agree to deal with the issue of changes you will have to talk to the other parties to the contract and initially make sure that they agree to the changes. After doing so you need to be on the safe side by adding a rider (additional section) to the contract that addresses the changes. This condition should be signed by each party to the original contract individually.
Where all parties to a contract are unable to come to agreement on changes it is possible occurring instances. If that really occurs you will have to live with the original signed agreement and walk away from the contact or calculate how much it will cost to break the contract and decide whether it is significance the cost.
The International Union of Notaries
The countries which have civil-law notaries are members of the International Union of Notaries (UINL)–
- Europe (34)
Albania, Andorra, Armenia, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Estonia, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, United Kingdom (only the City of London), Luxembourg, Malta, Moldova, Monaco, Netherlands, Poland, Portugal, Romania, Russia, San Marino, Slovakia, Slovenia, Spain, Switzerland, Macedonia, The Vatican and Turkey.
- Americas (23)
Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, El Salvador, Ecuador, Guatemala, Haiti, Honduras, Louisiana (United States), Mexico, Nicaragua, Panama, Paraguay, Peru, Puerto Rico, Quebec (Canada), Uruguay, and Venezuela.
- Africa (15)
Algeria, Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Congo, Gabon, Guinea, Ivory Coast, Mali, Morocco, Niger, Senegal and Togo.
- Asia (3)
Bangladesh, China (People’s Republic), Indonesia, Japan.
What are the acts that constitute an acceptance?
The constitution of Bangladesh is divided into 11 parts. These are further subdivided into 153 articles. In addition, there are 4 schedules-
· The Republic
· Fundamental principles of state policy
Regarding our law the supremacy of the constitution-
– All power in the republics belongs to our people. Their exercise on behalf of the people will be affected only under and by the authority of this constitution.
– This constitution is- as the solemn expression of the will of the people, the supreme law of the republic, and if any other laws are conflicting with this and other law will, to the extent of the inconveniency and is void.
Delimitation of Constituencies, etc.- (1) The Commission shall, for the purpose of elections to the seats in Parliament, divide the country into as many single territorial constituencies as number of members to be elected under clause (2) of article 65 of the Constitution.
(2) The constituencies shall be so delimited having regard to administrative, convenience, that each constituency is a compact area and in doing so due regard shall be had as far as practicable to the distribution of population as given in the latest census report.
(3) The Commission shall, after creation such inquiries and examining such records as it may think necessary, publish in the official Gazette a preliminary list of defensive constituencies specifying the areas proposed to be included in each such electorate together with a notice inviting objections and suggestions within such era as may be specified in the notice.
(4) The Commission shall, after hearing and considering the objections and suggestions, if any received by it, make such amendments, alterations or modifications in the preliminary list published under sub-section (3) as it thinks fit and shall, also after correcting any errors arising from any accidental slip or omission, publish in the official Gazette the final list of territorial constituencies showing the areas included in each such constituency.
A contract is legally enforceable when executed in accordance with specific requirements. It should be project specific and reflect the agreement between the parties and those are clearly a key part of every business and it is therefore original that all parties to a contract understand the terms included in a contract and the rights and tasks of the parties under that contract.
Every contract must have:
- Offer;
- Acceptance;
- Consideration
- Intention to create legal relations.
Acceptance is remarkable and there will usually be a period of cooperation and you can negotiate. New conditions and circumstances introduced through negotiation in effect amount to a series of counter offers to the original offer even though cancelling the terms of the original offer.
Consideration is the requirement of mutual obligations on the parties to contracts. Both parties should get the valuable consideration for their required performance of their side of the contract. Consideration is not required in some countries like Scotland. There donation is accepted in the law of contract.
Specific types of contracts will require specific terms. Every contract should have—
Parties – The names and addresses of all the contracting parties must be mentioned.
Definitions and Interpretations – If there are any defined terms in the contract this section ought to give specific and clear definitions.
Payment Provisions – The required price to be paid for the goods or services provided what nobody can change the date or dates for payment to be made should be clearly set out.
A specific description of their service and performance that will be provided under the contract should be written in the level of service if the contract is for services. In this section there must mention that who is responsible for supporting and maintaining any products throughout the term of the contract.
Term of contract – The distance end to end of the contract should be stated. This must also be distinguished whether there are any options to continue the contract.
Timescale– This section should include any pre-agreed payments that is payable by the dealer if they could not maintain the deadline.
Limitation of liability – This section caps the liability of moreover party to the contract.
Termination provisions – The situation under which the parties can conclude the contract should be mentioned clearly. The method for giving notice to the other party must be written in the contract.
Change of Control[1] – During the course of a contract one party may change the structure of their company if necessary. In these conditions the other party may feel to finish the contract. Every rule and procedures must be there in terms of change.
Dispute Resolution – The procedure and rules must be followed by both the parties. If the parties have a argument should be included in the contract.
Confidentiality – Some contracts deal with commercially aware of the information and the parties are expected to want to keep this information confidential. There should be privacy clauses drafted in the contract which identify the information being protected and the conditions in which it can be used or disclosed.
Intellectual Property Rights – Many commercial contracts consist of a clause stating who will own the academic property rights to any products provided under the contracts. This clause should specifically position if someone owns such rights. Particular attention should be given to the rights of intellectual property in relation to products created specifically for or in connection with the contract.
Warranties – It is common for the party providing goods or services under a contract to provide certain warranties in relation to the delivery of the goods or services. If the contract is for condition of a license the provider should warrant that it has the necessary rights to grant the license.
Indemnity – Indemnity clauses are an express obligation to pay off the indemnified party by making a money payment for some defined loss or damage. They provide for an urgent right to compensation and without the need for a lengthy dispute as to the circumstances giving rise to the specified loss or damage, all these should be maintained. For this reason careful attention should be given to the conformity of any indemnities. An example of a typical indemnity is in a contract under which the supplier indemnifies the customer against any claims made by a third party that the normal use of the good is infringing the rights of the third party.
Force Majeure – This article should cover all the facts of conditions. And their performance of the contract is impossible through no fault of either party. Like, in case of a natural disaster or civil unrest.
Assignation– If there is an option for one party to move their contractual rights and tasks to another party this should be set out in the contract along with the method to be followed. If there is no right to give the contract this should also be noted.
Applicable law – There should be a section representing which law governs the contract.
Specific types of contracts will require specific terms. These contracts are particular to the relevant type of contract. Examples of specific types of contracts where specific terms are required contain software license/development contracts, facilities management contracts etc.
Terms of contract
Contracts can be in writing created through the operation of the parties. It should be written clearly and most commercial contracts are in writing to maintain a proper record of the agreement. Oral contracts create a greater likely for disputes on the terms with the parties having problems evidencing their place. These can be shaped by a course of dealing between the parties. The terms and conditions may not be clear and the regular terms are likely to be included in these contracts but if they are not written down there are still evidential problems.
It is common for these kinds of contracts to maintain the company’s standard terms and conditions. Practiced acceptance of an offer while imposing your own standard terms and conditions are seen as a counter offer. Obviously being unaware of which terms and conditions the parties are toning does not provide the desired simplicity and faith of the contract.
There is different strategy for each party who desire to contract on their own terms and conditions including incorporating the terms into as many pre-contractual documents as possible and ensuring that the terms show on the last document between the parties before the delivery of goods.
Implied Terms
Positive terms may be implied into contracts by law, or by usage or custom. The Sale of Goods Act and the Sale of Goods and Services Act hold terms which are implied into all contracts for the sale of goods and services are primarily for the purpose of consumer protection. The supplier of goods or services must afford goods of a satisfactory quality which are fit for the consumer’s purpose or perform the services with reasonable ability and be concerned.
A more general act to protect buyers is the Unfair Contract Terms Act. This Act seeks to prevent parties limiting or excluding their liability in contracts. Generally, any exclusion of liability must be sensible.
Execution
Written contracts must be executed in accordance with specific rations otherwise they will not be officially enforceable.
Conclusion
We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March, 1971 and through a historic resist for national liberation, and established the independent in sovereign People’s Republic of Bangladesh. Regarding our element meeting, this eighteenth day of Kartick, 1379 B.S corresponding to the fourth day of November, 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution. According to our law I discussed the role of “acceptance” in a contract; can a contract be executed without acceptance from parties? Why and how? What are the acts that constitute an acceptance? Once the contract has been done it is important to watch its performance. Often there are governance mechanisms which are set for the contract which govern the relationship between the parties, and provide forums to monitor performance and deal with change. Internally each party should check that the other is satisfying its obligations and that any timescales and payment plans in the agreement are being adhered to. It is sensible to have regular project meetings to make sure that everything is going according to plan and to solve any problems as they arise.
REFERENCES-
1. R.G. Collingwood An Autobiography (1939) p. 33.
2. Ibid. p. 74.
3. E. Gellner Words and Things (revised edn 1979). This illustration was taken from the original foreword by Bertrand Russell (p. xv), and was intended by him to apply to exponents of linguistic philosophy (such as Hart). It should be noted that this book was originally published some two years before The Concept.
4. I have taken this comment from the open letter by A. Harari ‘H.L.A. Hart and his The Concept of Law (1961)’ (1972) p. 2.
5. Neil MacCormic1. ^ http://www.bdnews24.com/details.php?cid=2&id=175271&hb=4
6. http://www.thedailystar.net/newDesign/news-details.php?nid=124641
7. http://www.thedailystar.net/newDesign/news-details.php?nid=124640
8. http://www.pmo.gov.bd/pmolib/constitution/
9. “Constitution of Bangladesh: Part II: Fundamental Principles of State Policy”. Chief Adviser’s Office. Prime Minister’s Office. Government of the People’s Republic of Bangladesh. http://www.pmo.gov.bd/pmolib/constitution/part2.htm#P2.
10. http://www.banglapedia.org/httpdocs/HT/C_0336.HTM
11. http://www.thedailystar.net/newDesign/latest_news.php?nid=21972
12. http://www.thedailystar.net/newDesign/latest_news.php?nid=21979
13. http://www.google.com/hostednews/afp/article/ALeqM5h_5T_bgbToWaGqK2gxXACMFuySogk H.L.A. Hart (1981) p. 3.
[1] if the first party transfers a controlling notice to a competitor of the other party, the procedures and rules should be mentioned in the contract.